Decision 0367E – Oakland USD
Decision Date: December 16, 1983
Decision Type: PERB Decision
Perc Vol: 8
Perc Index: 15008
1000.02016 – Calendar
Calendar within scope; p. 34.
1000.02062 – Holidays
Holidays within scope; p. 34.
1000.02064 – Hours of Work
Hours of work within scope; p. 33.
608.03000 – Business Necessity; Employer Financial Position
Unilateral action of implementing school calendar not justified by operational necessity based on community pressure and potential confusion in education program; pp. 36-37.
1000.02095 – Overtime Pay
Overtime pay (assignment of overtime hours) is within scope; p. 28.
1000.02115 – Reduction in Hours/Workday/Worktime/Workyear
Reduction in hours within scope; p. 32.
1000.02137 – Subcontracting
Subcontracting within scope; p. 23. Test for subcontracting is whether the acts evidenced a change in the quantity and kind of prior practice in this area. Westinghouse test for legal subcontracting not satisfied here. Adverse impact inherent in finding of unilateral change; p. 25.
602.06000 – Change in Past Practice
Ten-fold increase in magnitude of subcontracting evidenced a change in quantity and kind and constituted unilateral change in established policy; p. 24.
602.05000 – Impact and Extent
A violation will be considered de minimis or technical only where it is promptly rescinded and without effect on employees. Unilateral adoption of calendar which changed holiday not de minimis; p. 37. No violation found in unilateral adoption of calendar where found that employer only intended to adopt student calendar and not employee calendar; p. 37.
604.01000 – In General
Where response to single request for information not fully responsive and union never reasserted or clarified request, no failure to provide information was established; p. 27.
603.04000 – Circumvention of Union; Direct Dealing With Employees
District unilaterally reduced hours in face of union's repeated requests for information and negotiations and compounded its unlawful conduct by bypassing union and dealing directly with employees, individually negotiating changes in assignments and hours; p. 33.
1201.03000 – Back Pay; Interest
District ordered to pay to persons denied overtime as result of unilateral change in overtime system overtime they would have received but for unlawful action; also, overtime lost as result of unlawful unilateral change in holiday; ordered to pay interest on all payments; p. 40.
1205.07000 – Restoration of Status Quo
District ordered to restore status quo ante as it existed prior to unilateral increase in subcontracting activity and to return to status quo ante, employees adversely affected by change in policy that resulted in reduced hours for some employees and transfers for others; p. 40.